M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment

Judgment:

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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ORDER

DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
		'appellant' => 'M/s Archera Consultancy',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'court' => 'Karnataka Kalaburagi',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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ORDER

DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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ORDER

THIS DAY, THIS COURT MADE THE FOLLOWING:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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ORDER

Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:

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			'id' => '1233108',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'court' => 'Karnataka Kalaburagi',
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			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
			'casenote' => null,
			'caseanalysis' => null,
			'casesref' => null,
			'citingcases' => null,
			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
			'deposition' => null,
			'favorof' => null,
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'favorof' => null,
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:

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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'favorof' => null,
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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11. In view of the submissions made by the parties to the lis, the following point arose for consideration:

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
		'appellant' => 'M/s Archera Consultancy',
		'authreffered' => null,
		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'counselplain' => '',
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		'court' => 'Karnataka Kalaburagi',
		'court_type' => 'HC',
		'decidedon' => '2023-10-13',
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		'favorof' => null,
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'citingcases' => null,
			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'court' => 'Karnataka Kalaburagi',
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			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
		'appellant' => 'M/s Archera Consultancy',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'court' => 'Karnataka Kalaburagi',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
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			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'citingcases' => null,
			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:

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			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'respondent' => 'The State Of Karnataka And Ors',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following:

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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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ORDER

The writ petitions are dismissed. Sd/- JUDGE SRT List No.:

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			'id' => '1233108',
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			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
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			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'court' => 'Karnataka Kalaburagi',
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			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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	'title_for_layout' => 'M S Archera Consultancy Vs the State of Karnataka and ors - Citation 1233108 - Court Judgment | ',
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			'id' => '1233108',
			'acts' => null,
			'appealno' => 'WP 201137/2023',
			'appellant' => 'M/s Archera Consultancy',
			'authreffered' => null,
			'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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			'counselplain' => '',
			'counseldef' => null,
			'court' => 'Karnataka Kalaburagi',
			'court_type' => 'HC',
			'decidedon' => '2023-10-13',
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			'judge' => 'VENKATESH NAIK T',
			'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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		'appealno' => 'WP 201137/2023',
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		'casename' => 'M/s Archera Consultancy Vs. The State Of Karnataka And Ors',
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		'judge' => 'VENKATESH NAIK T',
		'judgement' => '<p>- 1 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:</p><p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:</p><p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:</p><p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.</p><p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE </p>ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF </p>ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: </p>ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.</p><p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.</p><p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.</p><p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.</p><p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.</p><p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.</p><p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.</p><p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.</p><p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:</p><p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.</p><p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.</p><p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.</p><p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.</p><p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...</p><p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.</p><p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.</p><p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.</p><p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-</p><p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.</p><p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).</p><p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:</p><p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: </p>ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:</p><p>1. Sl No.: 1</p>',
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	(int) 0 => '<p>- 1 - NC:',
	(int) 1 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION No.201137 OF2023(GM-RES) C/W WRIT PETITION No.200839 OF2023IN WRIT PETITION No.201137 OF2023(GM-RES) BETWEEN: M/S. ARCHERA CONSULTANCY B-172, 1ST FLOOR, INDIRANAGAR, VIJAYAPURA ROAD, SOLAPUR- 413004 MAHARASHTRA STATE, REPRESENTED BY ITS AUTHORISED SIGNATORY RANJEET PATIL PETITIONER... (BY SRI K M GHATE; SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) AND - 2 - NC:',
	(int) 2 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 1 . THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MARKET POLICE STATION BIDAR TOWN CIRCLE BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 3 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE, AGE:',
	(int) 4 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN, BANGALORE- 25 4 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 5 => '<p>54. YEARS, No.1923 4TH MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR, BANGALORE -40 5 . MR. VISHAL AGE: NOT KNOWN TO THE PETITIONER, M/S VACONS RESIDENT OF RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 001 RESPONDENTS... (BY SRI. J.',
	(int) 6 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2, R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 3 - NC:',
	(int) 7 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT-2 IN PCR NO.425/2022 PENDING ON THE FILE OF THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.003/2023 DATED1101.2023 BEFIRE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION-406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE,1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 8 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS2D COURT BIDAR AT VIDE ANNEXURE-C. IN WP. 200839/2023 BETWEEN MR. VISHAL S/O. SADASHIV KARALE AGED ABOUT42YEARS, OCC: PRESENT PARTNER OF M/S VACONS NO.874, 4TH FLOOR, RAINEO HOUSE MODI HOSPITAL ROAD, WOC ROAD, BASAVESHWARANAGAR, BANGALORE- 560079. PETITIONER... (BY SRI K M GHATE, SRI SANKET M. YENAGI AND SRI. NAMDEV B.S., ADVOCATES) - 4 - NC:',
	(int) 9 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 AND1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE MARKET POLICE STATION, BIDAR TOWN CIRCLE, BIDAR- 01 2 . MR. GEORGE S/O. MANIK AGE:',
	(int) 10 => '<p>72. YEARS, No.11-2-38, JYOTHI MANIK NIVAS, BETHLEHEM COLONY, MANGALPET, BIDAR- 01 3 . M/S ARCHERA CONSULTATION SOLAPUR, 4 . BISHOP NAMDEO LAXMAN KARKARE S/O. LAXMAN KARKARE AGE:',
	(int) 11 => '<p>75. YEARS, BISHOP OF BANGALORE REGIONAL CONFERENCE NO.3 RHENIUS STREET RICHMOND TOWN BANGALORE- 25 5 . MR. SANJEEV KUMAR DAYANAND S/O. LATE GUNDAPPA DAYANAND AGE:',
	(int) 12 => '<p>54. YEARS, No.1923, 4TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU- 40 RESPONDENTS... (BY SRI. J.',
	(int) 13 => '<p>SHAHABUDDIN, HCGP FOR R1; SRI. DASAKESARI CHANDRASHEKHAR, ADVOCATE FOR R2; R3 TO R5 ARE DISPENSED WITH V/O DATED54/2023) - 5 - NC:',
	(int) 14 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, R/W482OF CR.P.C, PRAYING TO, ISSUANCE OF A WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT - 2 IN PCR No.425/2022 PENDING ON THE FILE OF THE COURT OF PRINCIPAL / I - ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, BIDAR AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME No.003/2023 DATED1101.2023 BEFORE THE MARKET POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE UNDER SECTION- 406, 408, 409, 465, 471 AND420OF THE INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER HEREIN IN PURSUANCE TO THE ',
	(int) 15 => 'ORDER<p> DATED2912.2022 PASSED BY THE COURT OF PRINCIPAL / I- ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS BIDAR WIDE ANENXURE C2. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON2009.2023, COMING ON FOR PRONOUNCEMENT OF ',
	(int) 16 => 'ORDER<p> THIS DAY, THIS COURT MADE THE FOLLOWING: ',
	(int) 17 => 'ORDER<p> Writ Petition No.201137/2023 is filed by accused No.4 - M/s. Archera Consultancy and Writ Petition No.200839/2023 is filed by accused No.2 - Sri Vishal under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to issue writ of certiorari for quashing the private complaint filed by - 6 - NC:',
	(int) 18 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 respondent No.2 in PCR No.425/2022, on the file of learned Additional JMFC-II Court, Bidar (Principal/First Additional JMFC) in Crime No.3/2023, for the offences punishable under Sections 406, 408, 409, 465, 471 and 420 of IPC.',
	(int) 19 => '<p>2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner in W.P.No.201137/2023 is accused No.4, the petitioner in W.P.No.200839/2023 is accused No.2, respondent No.1 is the complainant - State, respondent No.2 is the de-facto complainant and respondent Nos.3 to 5 are the accused persons.',
	(int) 20 => '<p>3. The brief facts of the prosecution case are as under: The complainant - respondent No.2 has filed a private complaint under Section 200 of Cr.P.C. alleging that, accused Nos.1 and 3 being responsible officials of Methodist Church in India situated at Bengaluru, accused - 7 - NC:',
	(int) 21 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s. Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. It is contended that, before release of fund, accused Nos.1 and 3 did not visit the site to ascertain the progress of the work of renovation, but, they misutilised the huge amount and unauthorizedly transferred the amount in the names of various persons by doing benami transactions for their personal benefit. It is contended that, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.-. 8 - NC:',
	(int) 22 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 4. It is contended that, accused No.1 - Bishop being the Chairman and head of the above institution, Bengaluru had enquired regarding release of the said amount in favour of the contractors. It is contended that, accused No.3 - Sanjeevkumar was the treasurer of the Methodist Church, Bengaluru and is also looking after the entire financial transaction of the said institution and accused No.4 (petitioner in W.P.No.201137/2023) had undertaken the renovation work of Methodist Mission Hospital, Bidar. It is contended that, accused Nos.1 and 3 have released the said amount in the year 2016-17 for the purpose of construction of Baldwin School at Shivanagar, Bidar in favour of accused No.2, but, accused No.2 being a contractor had not undertaken any construction work as proposed and accused Nos.1 and 3 despite knowing the above fact, did not take any action against accused No.2 till date and accused Nos.1 to 3 colluded with each other, have misappropriated a sum of Rs.83,11,325/- and have given fake bills to the institution amounting to Rs.1.20 - 9 - NC:',
	(int) 23 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Crores and cheated the institution, which is a charitable institution.',
	(int) 24 => '<p>5. It is contended that, the complainant after coming to know about the said fact, filed complaint before the authority for taking legal action against accused Nos.1 to 4. Thereafter, Regional Executive Board at Bengaluru, held a regional conference meeting on 23.04.2018 in Baldwin Girls High School, Bengaluru, in which, it was decided to take action against accused Nos.2 and 3 and hence, notice was issued to them on 02.05.2018. It is contended that, the complainant is the native of Bidar, Christian by caste and is a follower of John Wesley, who is the founder of Methodism, thus, he is the competent person to lodge a complaint in this regard. It is contended that, the complainant has filed written complaint on 07.12.2022 before the Market Police Station, Bidar and the same was sent to the CPI, Dy.SP and SP, Bidar, but, till date, they have not issued FIR and have not taken any action, hence, on 16.12.2022, he filed a written complaint - 10 - NC:',
	(int) 25 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 before Superintendent of Police, Bidar and in spite of the same, they have not taken any action against the accused persons. Therefore, he filed a private complaint for taking legal action against the accused persons.',
	(int) 26 => '<p>6. Hence, learned I Additional Civil Judge and JMFC-II, Bidar referred the matter to jurisdictional police under Section 156 (3) of Cr.P.C. for investigation and report. Based on referral complaint, the Market Police, Bidar registered case in Crime No.3/2023 for the offence under Section 406, 408, 409, 465, 471 and 420 of IPC and the IO took up the investigation.',
	(int) 27 => '<p>7. Taking exception to the same, accused Nos.2 and 4 have filed these petitions to quash private complaint and FIR in Crime No.3/2023.',
	(int) 28 => '<p>8. Having heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 - de-facto complainant.-. 11 - NC:',
	(int) 29 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 9. The learned counsel for petitioners submitted that, the alleged transaction and contract have taken place between the year 2015-16 and 2018-19 and have been approved by the managing committee and board of trustee and were statutorily audited and accepted by competent authorities during those years. After several years i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. It is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. It is contended that, the jurisdictional Magistrate failed to evaluate the allegations made in the complaint before referring the matter to the investigation, when there is delay in filing the complaint. It is contended that, the motive and intention of the petitioners is not proved and the commission of offence itself is highly doubtful and suspicious. It is contended that, Baldwin Methodist Educational Society and the Regional Executive Board, - 12 - NC:',
	(int) 30 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Bengaluru and Regional Conference Public Charitable Trust are non-profitable organizations and the affairs are governed by the Societies Registration Act and Indian Trust Act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. Further, the committee and society and the Board of Trustee, never received any complaint with allegations of misuse or misappropriation of funds. In the event of such allegations, the Board shall have absolute power and jurisdiction to inquire and the Registrar of concerned authorities has every power and jurisdiction to inquire and take action, in case, if any one is found guilty. The learned counsel for petitioners relied upon following decisions: i. Robert John D'souza and Others vs. Stephen V. Gomes and Another reported in 2015 (9) SCC96 ii. M.N.Ojhaa and Others vs. Alok Kumar Srivastav and Another reported in 2009 (9) SCC682 - 13 - NC:',
	(int) 31 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 iii. The judgment of the Hon'ble Apex Court in the case of Criminal Appeal No.5812023 in the case of Sarabjit Kaur vs. State of Punjab. iv. The judgment of this Court in the case of Criminal Appeal No.587/2015 Sri L.Lingaiah vs. N.B.Raveeshaiah and Another. v. The order passed by this Court in the case of P.C.Mohan Vs. The Deputy Commissioner, Police Bengaluru and Another in W.P.No.51914/2019.',
	(int) 32 => '<p>10. The counsel for respondent submits that, accused No.1 being chairman and Bishop head of institution, accused No.2 director of M/s. VACONS, Bengaluru, accused No.3 treasurer of Methodist church Bengaluru have released the funds in favour of accused No.4, though he did not undertaken any construction work in Shivnagar at Bidar and thus, misappropriated the funds for the tune of Rs.83,11,325/- and accused have given fake bills to the institution, which amounts Rs.1.20 Crores, thereby, accused Nos.1 to 3 misappropriated amount and - 14 - NC:',
	(int) 33 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 cheated the institution by furnishing fake bills, used it as genuine bills, hence, accused Nos.1 to 3 have committed an offence. It is contended that, accused No.4 is M/s.Archera Consultation (contractor) colluding with accused Nos.1 to 3 furnished fake bills and received a sum of Rs.83,11,325/- from the institution and therefore, accused Nos.1 to 4 have involved in the alleged offences. Now the petitioners are disputing the question of fact, which cannot gone into under Section 482 Cr.P.C.',
	(int) 34 => '<p>11. In view of the submissions made by the parties to the lis, the following point arose for consideration:',
	(int) 35 => '<p>"Whether the petitioners have made out sufficient grounds to invoke Section 482 of Cr.P.C. and to quash the FIR in Crime No.3/2023 (PCR No.425/2022) dated 11.01.2023 of respondent - police?.',
	(int) 36 => '<p>12. On perusal of the material available on record, in the complaint, the complainant made allegations that, accused Nos.1 and 3 being responsible officials of - 15 - NC:',
	(int) 37 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Methodist Church in India situated at Bengaluru, accused Nos.1 and 3 released an amount of Rs.2.19 Crores in favour of M/s.Archera Consultancy (accused No.4) for the purpose of renovation work of Methodist Missions Hospital, Bidar in the year 2018-19 and accused Nos.1, 3 and 4 did not manage to use the released amount for renovation of Methodist Mission Hospital, Bidar, hence, misappropriated the amount and cheated the institution. Further, the Methodist Church institution released an amount of Rs.83,11,325/- in favour of accused No.2 - Vishal, who is the director of M/s. VACONS, Bengaluru, being the contractor had undertaken to construct the Baldwin School at Shivanagar, Bidar.',
	(int) 38 => '<p>13. On perusal of the material available on record, it appears that, the de-facto complainant made allegation as to misappropriation of funds of the institution, criminal breach of trust by withdrawing funds of institution, by furnishing fake bills and used such bills as genuine bills, thereby, cheated the institution. In the instant case, the - 16 - NC:',
	(int) 39 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 petitioners have disputed the fact that, the de-facto complainant has no locus-standi to lodge the complaint and the petitioners never committed any wrong, as contended by the de-facto complainant. Thus, the petitioners have disputed question of fact.',
	(int) 40 => '<p>14. In the case of A.R.Antulay Vs. R.S. Nayak reported in (1984) 2 SCC500 the Hon'ble Apex Court held that: “The doctrine of locus standi being alien to criminal jurisprudence, any person can set the criminal law in motion.',
	(int) 41 => '<p>15. In OK RAM vs. NIHAL SINGH reported in AIR2006SC1892 the Hon'ble Apex Court held as under: “It is a well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the - 17 - NC:',
	(int) 42 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision...',
	(int) 43 => '<p>16. Whereas, the learned counsel for petitioners relied upon Rebort John D'souza's case cited supra and contended that, complainant is not a member of Methodist Church nor is he in any manner connected with the affairs of society, as such, he has no locus-standi to file the criminal complaint.',
	(int) 44 => '<p>17. On perusal of the decisions cited supra, and the facts and circumstances of present case, it appears that, the complainant is a member of Methodist Church of India, Mangala Peth, Bidar city and he is the follower of the belief - 18 - NC:',
	(int) 45 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 and practices of the faith of John Wesley founder of Methodism, thus, he is competent person to set law into motion. Further, in order to ascertain the aspect of the Membership, it requires full probe or trial and at this stage, this Court cannot gone into under Section 482 of Cr.P.C. in view of the ratio laid down by the Hon'ble Apex Court in M/S. NEEHARIKA's case.',
	(int) 46 => '<p>18. The learned counsel for petitioners submitted that, the petitioners never misappropriated any funds of Methodist Church and its institutions. Admittedly, whether the petitioners have misappropriated the huge amount or not, is a question of fact, which has to be probed by the investigating agency. Hence, the disputed question of fact cannot be adjudicated upon by this Court under Section 482 of the Cr.P.C. At this stage, only prima-facie case has to be seen and this ratio is laid down by the Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v. STATE OF - 19 - NC:',
	(int) 47 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 MAHARASHTRA AND OTHERS reported in AIR2021SC1918 19. The learned counsel for petitioners relied upon the judgment of Hon'ble Apex Court in Sarabjit Kaur's case (supra). Wherein, the Hon'ble Apex Court in case of a breach of contract, held that, it does give raise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and on this ground, the Hon'ble Apex Court quashed the FIR as the proceedings to continue would be an abuse of process of the Court. Whereas, in the instant case, it is not only the case of breach of contract, but, it involved misappropriation of funds, forged documents and used forged bills, used such bills as genuine documents, cheated the Methodist Church and its institution. Whereas, in the instant case, the de-facto complainant made out ingredient of criminal offence. If ingredient of criminal offences are made out, criminal Courts have to - 20 - NC:',
	(int) 48 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 take cognizance as held in paragraph No.13 of Sarabjit Kaur's case.',
	(int) 49 => '<p>20. The Hon'ble Supreme Court in the case of RAJEEV KOURAV v. BAISAHAB AND OTHERS reported in (2020) 3 SCC317has opined in paragraph No.8 as under:-',
	(int) 50 => '<p>"8. It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 Cr.P.C. is to prevent the abuse of process of any Court or otherwise to secure the ends of justice.',
	(int) 51 => '<p>21. Admittedly, in the instant case, the matter is pending for investigation and it is not completed and at this stage, considering the application under Section 482 of Cr.P.C., the Courts are not required to go on merits of - 21 - NC:',
	(int) 52 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 the allegation and/or evidence as it conducting mini trial. This ratio is laid down in the case of THE STATE OF ODISHA v. PRATIMA MOHANTY AND OTHERS reported in 2021 Live Law (SC) 730. Further, while deciding Section 482 of the Cr.P.C., no mini trial can be conducted by the High Court in exercise of its power under Section 482 of the Cr.P.C. This ratio is laid down in the case of STATE OF UTTAR PRADESH AND ANOTHER v. AKHIL SHARDA AND OTHERS reported in 2022 Live Law (SC) 594 (Criminal Appeal No.840 of 2022 dated 11-7- 2022).',
	(int) 53 => '<p>22. In Criminal Appeal Nos.1025-1026 of 2023 dated 10-4-2023, the Hon'ble Supreme Court held that the High Court cannot quash the criminal proceedings under Section 482 of the Cr.P.C., at initial stage by saying that charges are not proved. Therefore, at this juncture, no sufficient grounds are made out to quash the proceedings against the petitioners. Hence, I answer point No.1 in the negative.-. 22 - NC:',
	(int) 54 => '<p>2023. KHC-K:8226 WP No.201137 of 2023 C/W WP No.200839 of 2023 23. In view of the foregoing discussion of the above facts and the ratio laid down in the decisions cited supra, the petitions are liable to be dismissed. Hence, the following: ',
	(int) 55 => 'ORDER<p> The writ petitions are dismissed. Sd/- JUDGE SRT List No.:',
	(int) 56 => '<p>1. Sl No.: 1',
	(int) 57 => ''
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Court	Karnataka Kalaburagi High Court
Decided On	Oct-13-2023
Case Number	WP 201137/2023
Judge	VENKATESH NAIK T
Appellant	M/s Archera Consultancy
Respondent	The State Of Karnataka And Ors

M/s Archera Consultancy Vs. The State Of Karnataka And Ors - Court Judgment