MR. FRANCIS @ K T FRANCIS vs STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:55323
CRL.P No. 427 of 2025


CNR: KAHC010016402025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 5 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO. 427 OF 2025 (482(Cr.PC) /

528(BNSS)-)

BETWEEN:

MR. FRANCIS @ K T FRANCIS
S/O LATE K V THOMAS
AGED ABOUT 57 YEARS
RESIDING AT NO. 89/3
TH
13 MAIN ROAD,
ST
1 CROSS, BEGUR ROAD
HONGASANDRA - 560068
BENGALURU CITY

…PETITIONER
(BY SRI. KRISHNA B J., ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY THALAGHATTAPURA POLICE STATION
THALAGHATTAPURA
BENGALURU - 560109

REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BENGALURU - 560001.

2. SMT. GRACY JOSEPH
W/O MR. K P JOSEPH
AGED ABOUT 51 YEARS
RESIDINGA T NO.174,
VAKIL GARDEN
THALAGATTAPURA
KANAKAPURA MAIN ROAD











Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:55323
CRL.P No. 427 of 2025


CNR: KAHC010016402025


BENGALURU - 560032.

…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND
FURTHER PROCEEDINGS IN CC NO. 77/2021 (IN CRIME NO.
270/2019) FOR THE OFFENCES PUNISHABLE UNDER SECTION 420,
504, 506 AND R/W SECTION 34 OF I P C AGAINST THE PETITIONER,
CHARGE SHEET FILED BY THE 1ST RESPONDENT, WHICH IS
PENDING BEFORE THE LEARNED 2ND ACJM COURT, BENGALURU
RURAL DISTRICT, AT BENGALURU, ANNEXURE -H AND C AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER


1. The petitioner is before this Court seeking for the
following reliefs:
i.
Quash the entire charge sheet and further
proceedings in CC No. 77/2021 (in Crime No.
270/2019) for the offences punishable under
section 420, 504, 506 and r/w section 34 of I P C
against the petitioner, charge sheet filed by the 1st
respondent, which is pending before the learned
2nd ACJM Court, Bengaluru Rural District, at
;
Bengaluru, Annexure -H and C
ii. Pass such other order as deemed fit in view of the
facts and circumstances of the case, in the interest of
justice and equity.


2. Respondent No. 2 lodged a complaint on 05.11.2019,
pursuant to which Crime No. 270/2019 came to be
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:55323
CRL.P No. 427 of 2025


CNR: KAHC010016402025


registered by Thalaghattapura Police Station on
06.11.2019 for offences punishable under Sections
420, 504, 506 and 34 of the Indian Penal Code. It is
in these circumstances that the petitioner has
approached this Court seeking the reliefs prayed for
in the petition.

3. The case of respondent No. 2, as set out in the
complaint, is that the petitioner was known to her
husband and had approached him in early 2012
seeking financial assistance. Respondent No. 2 and
her husband had, by then, sold a property situated in
Koramangala and had certain funds available with
them. Though they were initially unwilling to lend the
money to the petitioner, he allegedly prevailed upon
them to advance a sum of Rs. 2,30,00,000/- as a
loan on 15.03.2012. It is alleged that the cheques
issued in connection with the transaction were
dishonoured for insufficiency of funds. It is further
alleged that the mortgage created in respect of a
property proposed to be purchased by the petitioner
proved ineffective, as the petitioner had already sold
the property to 17 persons, thereby rendering the
mortgage security ineffective. On these allegations,
the complaint came to be lodged.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:55323
CRL.P No. 427 of 2025


CNR: KAHC010016402025



4. Learned counsel for the petitioner submits that
respondent No. 2 had, even prior to lodging the
criminal complaint, instituted O.S. No. 37/2013
seeking recovery of the very same amounts arising
out of the very same transaction. The suit came to
be decreed on 31.08.2018, and execution
proceedings have also been initiated pursuant to the
decree. It is contended that, despite having
instituted the civil proceedings in 2013 and obtained
a decree on 31.08.2018, respondent No. 2 lodged
the criminal complaint on 05.11.2019 in respect of
the same transaction. According to learned counsel,
the criminal complaint is an attempt to give a
criminal colour to what is essentially a civil dispute.
It is submitted that respondent No. 2 must pursue
the execution proceedings for enforcement of the
decree and that the criminal complaint has been
instituted only to exert pressure upon the petitioner.

5. Though notice was issued to respondent No. 2 and
service was effected, respondent No. 2 has remained
unrepresented.

6. A perusal of the material on record indicates that
O.S. No. 37/2013 was instituted on 08.01.2013 for
recovery of money. In the plaint, it was contended
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:55323
CRL.P No. 427 of 2025


CNR: KAHC010016402025


that the defendant was facing grave financial
difficulties and had requested the plaintiff to advance
a sum of Rs. 2,30,00,000/- as a loan, undertaking to
repay the amount by 15.03.2012, with interest at the
rate of 15% per month, together with an additional
sum of Rs. 75,00,000/- towards the capital gains tax
alleged to have been attracted because the plaintiff
had not reinvested the sale proceeds. The plaint
further stated that the amount had been transferred
through normal banking channels and that, by way of
security, a mortgage had been created by deposit of
three sale deeds. On the basis of these averments, a
decree came to be passed on 31.08.2018 for a sum
of Rs. 3,05,00,000/-.

7. The allegations forming the basis of the criminal
complaint arise out of the same underlying financial
transaction in respect of which the civil suit was
instituted and decreed. The complaint was lodged on
05.11.2019, after the decree had been passed on
31.08.2018, and execution proceedings are stated to
be pending for enforcement of that decree. The
sequence of events is, therefore, a relevant
circumstance in considering the petitioner’s
contention that the criminal process has been
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:55323
CRL.P No. 427 of 2025


CNR: KAHC010016402025


invoked in relation to a transaction already subjected
to adjudication in civil proceedings.

8. It is settled that the mere existence of a civil
remedy, or the institution of a civil suit in respect of
a transaction, does not by itself preclude criminal
proceedings where the allegations independently
disclose the ingredients of a criminal offence.
However, in the present case, having regard to the
material placed before this Court, the civil
proceedings instituted in 2013, the decree passed on
31.08.2018, and the subsequent lodging of the
criminal complaint in respect of the same
transaction, this Court is of the considered opinion
that the complaint appears to have been lodged as
an afterthought in the context of the dispute
concerning recovery of the amounts advanced.

9. In the circumstances, and on the material available
in the present proceedings, this Court is of the view
that continuation of the criminal proceedings against
the petitioner would not be justified. The petitioner’s
challenge accordingly deserves to be allowed, and
the proceedings arising out of Crime No. 270/2019
registered by Thalaghattapura Police Station are
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:55323
CRL.P No. 427 of 2025


CNR: KAHC010016402025


liable to be quashed insofar as the petitioner is
concerned.

10. As such, this Court passes the following:
ORDER
allowed
i) The Criminal Petition is .

ii) The proceedings in C.C.No.77/2021 (in Crime
No.270/2019) for the offences punishable
under Section 420, 504, 506 r/w Section 34 of
IPC and the charge sheet filed by respondent
nd
No.1 pending on the file of 2 Additional Chief
Judicial Magistrate Court, Bengaluru Rural
District, Bengaluru vide Annexure-H and C are
quashed.

Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru

Verified
(SURAJ GOVINDARAJ)
JUDGE




PRS
List No.: 1 Sl No.: 5