Karnataka High Court
Criminal LawCriminal Procedure and Evidence

Fraud proceedings cannot continue absent specific allegations linking the accused to the investment scheme.

SALIM PASHA @ CHAINI SALEEM vs THE STATE OF KARNATAKA

Karnataka High CourtJUDGMENT: September 22, 20262 MIN READSOURCE JUDGMENT
Fraud proceedings cannot continue absent specific allegations linking the accused to the investment scheme.. SALIM PASHA @ CHAINI SALEEM vs THE  STATE OF KARNATAKA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The complainant alleged that he and his family invested ₹1,09,50,000 in a scheme promoted by Aala Ventures Ltd. and that the promoters initially paid profits but later failed to repay the investments

Source reference: p. 3–4

The police charge-sheeted the petitioners as accused Nos. 8 and 9, alleging that they threatened investors who visited the office seeking repayment; the petitioners sought quashing under Section 482 of the Cr.P.C.

Source reference: p. 4

They relied on the quashing of proceedings against accused No. 10, whom they said was similarly placed

Source reference: p. 5

The State opposed the petition, contending that witness statements disclosed the petitioners’ involvement

Source reference: p. 5
02

Issues

1. Whether the complaint and charge-sheet materials disclosed a sufficient basis to continue proceedings against the petitioners for the alleged offences, given that the allegations against them concerned threats to investors seeking repayment

Source reference: p. 6–7

2. Whether the proceedings against the petitioners should be quashed on the ground of parity with accused No. 10, whose petition had been allowed

Source reference: p. 5, 7
03

Law Applied

The petition was brought under Section 482 of the Cr.P.C., which the Court invoked to quash proceedings where their continuation, in the absence of specific material disclosing the petitioners’ involvement, would amount to an abuse of the process of law

Source reference: p. 3, 7–8

The alleged offences were under Sections 420, 406, 506 and 120B read with Section 34 of the IPC, Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004

Source reference: p. 3

The Court also applied parity, reasoning that substantially similar allegations and material against accused No. 10, whose proceedings had been quashed by a co-ordinate Bench, supported the same relief for the petitioners

Source reference: p. 7
04

Reasoning

The Court found that the complaint principally attributed the establishment and promotion of the scheme, collection of funds, and failure to repay investors to accused Nos. 1–7. It disclosed no specific role for the petitioners in inducing investments, receiving funds, or committing cheating or criminal breach of trust

Source reference: p. 6

The charge-sheet’s allegation that the petitioners threatened investors seeking repayment did not, by itself, connect them to the alleged investment fraud

Source reference: p. 6–7

Since the allegations and material against accused No. 10 were substantially similar and his proceedings had been quashed, the Court found no basis to reach a different conclusion for the petitioners

Source reference: p. 7
05

Holding

The Court answered the issues in the petitioners’ favour and allowed the petition.

It quashed the proceedings against accused Nos. 8 and 9 in Spl.C.C. No. 1443/2019, arising out of Crime No. 594/2018, for the offences charged

Source reference: p. 8
06

Acts & Sections Cited

9 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19731

Prize Chits and Money Circulation Schemes (Banning) Act, 19783

KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 20041

Karnataka High Court

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SALIM PASHA @ CHAINI SALEEMvsTHE STATE OF KARNATAKA

Karnataka High Court · September 22, 2026

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