MAHABOOB SHEIKH vs STATE BY WILSON GARDEN P S

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HC-KAR
NC: 2026:KHC:60560
CRL.P No. 5753 of 2024


CNR: KAHC010318342024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 30 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K


CRIMINAL PETITION NO. 5753 OF 2024

BETWEEN:

1. MAHABOOB SHEIKH
S/O AMEER SAB
AGED ABOUT 65 YEARS
R/AT 15-19, EAST END,
TH
C MAIN ROAD , 9 BLOCK
JAYANAGAR, BANGALORE 560 041

2. IMRAN SHEIK
S/O MAHABOOB SHEIK
AGED ABOUT 40 YEARS
R/AT 15-19, EAST END
TH
C MAIN ROAD, 9 BLOCK
JAYANAGAR, BANGALORE 560 041

3. NEDA SEDAF
W/O IMRAN SHEIKH
AGED ABOUT 35 YEARS
R/AT 15-19, EAST END
TH
C MAIN ROAD, 9 BLOCK
JAYANAGAR, BANGALORE-560 041
…PETITIONERS
(BY SRI. ALI MOHAMMED, ADVOCATE)

AND:

1. STATE BY WILSON GARDEN P S
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA










Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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HC-KAR
NC: 2026:KHC:60560
CRL.P No. 5753 of 2024


CNR: KAHC010318342024



BENGALURU-560 001
KARNATAKA

2. SHAKEEL AHMED
TH
NO. G2, 8 MAIN
ST
BYRASANDRA 1 BLOCK
JAYANAGAR
BANGALORE-560 041
…RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1,
SRI. SURESH S LOKRE, SENIOR COUNSEL FOR
SRI. SYED NASEERUDDIN, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN CR.NO.72/2024 FOR
THE OFFENCE P/U/S 403, 405, 406, 420, 506 R/W 34 OF IPC
PENDING BEFORE THE III ADDL.C.M.M., BENGALURU.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This petition is filed under Section 482 of Cr.P.C seeking
to quash the proceedings against the petitioners - accused
Nos.1 to 3 in Crime No.72/2024 registered by Wilsongarden
Police Station, for the offences punishable under Sections 403,
405, 406, 420, 506 r/w Section 34 of IPC, presently pending
on the file of III Additional Chief Metropolitan Magistrate,
Bengaluru (for short, 'the learned Magistrate').

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HC-KAR
NC: 2026:KHC:60560
CRL.P No. 5753 of 2024


CNR: KAHC010318342024



2. The brief facts of the case are that respondent No.2
lodged a complaint before respondent No.1-Police on
01.04.2024 alleging that petitioner No.2-Imran Sheikh, being
his friend, introduced petitioner Nos.1 and 3 to him in the year
2012 and advised him to invest money in real estate,
electronics and gymnasium businesses. Believing the
representation of petitioner No.2, respondent No.2 allegedly
invested a sum of Rs.2,24,78,000/- with the petitioners
through RTGS, NEFT and cash. It is further alleged that the
petitioners paid Rs.20,29,990/- towards profit, but thereafter
failed to pay the remaining profit or refund the principal
amount despite repeated demands.
3. It is also alleged that the petitioners took the Audi
EQ5 car belonging to respondent No.2 and failed to return the
same despite repeated requests and, when demanded
repayment of the money and return of the car, threatened him
with dire consequence. Further, petitioner Nos.2 and 3 are
alleged to have received another sum of Rs.70,00,000/-
through a relative of respondent No.2 towards purchase of a
site shown by petitioner No.2. Since the petitioners allegedly

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HC-KAR
NC: 2026:KHC:60560
CRL.P No. 5753 of 2024


CNR: KAHC010318342024



failed to repay the amounts due and also threatened
respondent No.2, he lodged the complaint against them.
4. On the strength of the said complaint, the
respondent No.1-Police registered the FIR against the
petitioners-accused in Crime No.72/2024 dated 01.04.2024 for
the aforementioned offences. Aggrieved by the same, the
petitioners preferred this petition.
5. Heard the learned counsel for the petitioners,
learned HCGP for respondent No.1-State and learned Senior
Counsel for respondent No.2.
6. The primary contention of the learned counsel for
the petitioners is that, on perusal of the complaint averments,
the ingredients of Sections 403, 405, 406, 420 and 506 of IPC
are not made out against the petitioners. He contended that
there was neither any dishonest intention nor any inducement
on the part of the petitioners to cheat respondent No.2. It is
further contended that, as admitted by respondent No.2
himself, the petitioners have repaid a sum of Rs.20,29,990/-
towards profit and have also made certain additional payments.

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HC-KAR
NC: 2026:KHC:60560
CRL.P No. 5753 of 2024


CNR: KAHC010318342024



Therefore, the transaction is commercial in nature and the
registration and continuation of criminal proceedings against
the petitioners would amount to an abuse of the process of law.
Accordingly, he prays to allow the petition.
7. Per contra, learned Senior Counsel appearing for
respondent No.2 opposed the prayer of the petitioners
contending that the investigation is still at a nascent stage and
the complaint discloses serious allegation of cheating involving
a huge sum of Rs.2,94,78,000/-. He contended that the
averments in the complaint prima facie disclose the ingredients
of the offences alleged against the petitioners, which require
thorough investigation by the Investigating Officer. It is further
contended that, except registration of the FIR, no effective
investigation could be conducted in view of the interim order
passed in the present petition. Accordingly, he prays to dismiss

the petition.
8. Learned HCGP also opposed the prayer of the
petitioners on similar ground and accordingly, he prays to
dismiss the petition.

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HC-KAR
NC: 2026:KHC:60560
CRL.P No. 5753 of 2024


CNR: KAHC010318342024



9. I have given my anxious consideration to the
submissions made by the learned counsel for the respective
parties and also perused materials on record.
10. As could be gathered from the complaint
averments, it is the specific case of respondent No.2 that he
had paid a sum of Rs.2,24,78,000/- to the petitioners for
business purposes through RTGS, NEFT and cash. The said
transaction is not in dispute. It is also admitted that the
petitioners had repaid a sum of Rs.20,29,990/- and other
amounts to respondent No.2 towards profit from the business.
Thus, the transaction between the petitioners and respondent
No.2 is admitted by both parties and the complaint contains
serious allegations of cheating and other offences against the

petitioners, which require investigation.
11. Nevertheless, the matter is at nascent stage, and
the investigation has not progressed beyond the preliminary
steps taken immediately after registration of the case. The
relevant evidence is yet to be collected upon a thorough
investigation to place before the Court. At this stage, this Court
cannot anticipate the outcome of the investigation or record a

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HC-KAR
NC: 2026:KHC:60560
CRL.P No. 5753 of 2024


CNR: KAHC010318342024



finding on the allegation of false implication or malafide, merely
on the basis of the defence raised by the petitioners. Therefore,
the complaint cannot be thrown out at the threshold on the
basis of an unsubstantiated defence. In the case on hand, the
complaint and the material collected thus far prima facie
disclose the commission of cognizable offence against the
petitioners. Hence, at this stage, the FIR does not warrant
interference by this Court.
12. Accordingly, the petition lacks merits and same is
dismissed
.





SD/-
(RAJESH RAI K)
JUDGE









CR
List No.: 1 Sl No.: 13