M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.09.2015 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 3989/2014 and Criminal Petition No. 3990/2014, by which the High Court has dismissed the said revision petitions and has confirmed the judgment and order passed by the learned Sessions Court, by which the learned Sessions Court set aside the order passed by the learned Judicial Magistrate, First Class, Mangalore dated 24.09.2013 issuing summons against original accused nos. 1 to 8 ­ respondents herein, the original complainant has preferred the present appeals.
(2.) The facts leading to the present appeals in nutshell are as under: That the appellant herein ­ original complainant filed a private complaint against in all thirteen accused (accused nos. 1 to 13) in the Court of the learned Judicial Magistrate, First Class, Mangalore being P.C. No. 119/2013 for the offences punishable under Sections 406, 418, 420, 427, 447, 506 and 120B read with Section 34 IPC. It was the case on behalf of the complainant that he is the absolute owner and in possession & enjoyment of the immovable property described in the schedule attached to the private complaint and the schedule properties were surrounded by a stone wall as boundary. That the schedule properties are abutting Mangalore-Bajpe Old Airport Road. It was stated that there were valuable trees on the schedule properties. 2.1 It was contended that the accused No.1 is a company incorporated under the Companies Act and accused No.2 being Chairman and accused No.3 being Managing Director and accused No.4 being Deputy General Manager (Civil and Env.) of accused No.1 and accused No. 5 was the planner and executor of the project work of accused No. 1. 2.2 It was stated that accused No. 6 is also a Company incorporated under Companies Act. Accused No.7 was its chairman. Accused No 8 was the Executive Director, Accused No. 9 was the Site supervisor of accused No.6. Accused No.10 was the sub-contractor under accused No.6 and accused Nos. 11 to 13 were the employees of accused No.10. 2.3 It was contended by the complainant that accused No.1 intended to lay water pipeline by the side of Mangalore-Bajpe Old Airport Road abutting the schedule properties. In that regard, he had obtained permission from the Department of Public Works, Mangalore. Accused No.2 on behalf of accused No.1 appointed accused No.6 as a contractor for execution of the said project of laying the water pipe line. Accused No.6 in turn authorized accused Nos. 7 and 8 to execute and oversee the said work. They in turn had appointed accused No.9 as site supervisor and the accused No.10 being the sub-contractor engaged accused Nos. 11 to 13 as labourers. Accused Nos. 4 and 5 were entrusted the work of supervision and overseeing the pipeline works carried out by accused Nos. 6, 7 and 8 through accused Nos. 9 and 10 to 13. Accused Nos. 6 to 8 had put into service heavy machineries and excavators and their vehicles for carrying out the work. It was contended that accused Nos. 2 to 5 and 7 to 13 had conspired with common intention to lay the pipeline beneath the schedule properties belonging to the complainant without any lawful authority and right whatsoever. In furtherance thereof, they had trespassed over the schedule properties and demolished the compound wall which was having the height of 7 feet and foundation of 2 feet to a distance of 500 metres. They had cut and destroyed 100 valuable trees and laid pipeline beneath the schedule properties. It was contended that when this high-handed act was committed by the accused, the complainant was out of station and he came back on 21.4.2012 and noticed the destructive activities. The accused have committed the act of mischief and waste and caused pecuniary loss of more than Rs.27 lakhs to the complainant. All the accused are jointly and severally liable to make good the loss to the complainant. 2.4 It was contended that the complainant had questioned the accused about their high-handed acts. But they were indulged in criminal intimidation by threatening the complainant of taking away his life if he insists for making good the loss. Thereafter, the complainant filed a complaint on 21.4.2012 before the SHO, Bajpe Police Station. No proper enquiry was held by the police. But accused No.5 gave a statement admitting the guilt and also undertaking to pay adequate compensation to the complainant towards the damages caused to the property. The said undertaking given by accused No.5 is binding on all the other accused. But thereafter, the accused have not come forward to make good the loss and thereby, they have committed an act of criminal breach of trust and cheating. 2.5 It was contended that the accused were having no right whatsoever to commit trespass over the schedule properties and to cause damage. Each one of the accused had common intention to lay the pipeline by damaging the property of the complainant. With that intention, they have committed criminal trespass and caused damages. Therefore, the complainant prayed the learned trial Court to take cognizance of the matter and to issue process against the accused. The schedule properties described as immovable property were situated at Malavur Bajpe Village of Mangalore Taluk comprised in Sy.No. 56/2, measuring 7.50 acres, Sy. No, 178/2C measuring 1.76 acres, Sy.No. 50/6B measuring 1.15 acres with trees standing thereon. 2.6 That the complainant was examined on oath before the Court. As many as nine documents came to be marked as 'Exhibit C1 to C9'. That the learned Judicial Magistrate, First Class, Mangalore by order dated 24.09.2013 directed to register the case against all the accused, i.e, accused nos. 1 to 13 for the offences punishable under Sections 427, 447, 506 and 120B read with Section 34 IPC. At this stage, it is required to be noted that original accused no.1 was a company incorporated under the Companies Act, original accused nos. 2 & 3 being Chairman and Managing Director of Accused no.1- company and accused no.4 was arrayed as an accused being Deputy General Manager (Civil & Env.) of accused no.1. Accused No.5 was the Planner and Executor of the project work of accused no.1. Likewise, accused no. 6 was also a company incorporated under the Companies Act, accused nos. 7 & 8 were arrayed as an accused being Chairman and Executive Director respectively of accused no.6. Accused no.9 was the Site Supervisor of accused no.6 and accused no.10 was the Sub- Contractor under accused no.6 and accused nos. 11 to 13 were the employees of accused no.10.
(3.) Feeling aggrieved and dissatisfied with the summoning order passed by the learned Judicial Magistrate, First Class, Mangalore for the offences punishable under Sections 427, 447, 506 and 120B read with Section 34 IPC, original accused nos. 1 to 5 preferred Criminal Revision Petition No. 244/2013 and accused nos. 6 to 9 preferred Criminal Revision Petition No. 245/2013 before the learned Sessions Court. 3.1 That the learned Sessions Court by its order dated 7.4.2014 allowed criminal revision petition no. 244/2013 and partly allowed criminal revision petition no. 245/2013 and quashed and set aside the order passed by the learned Judicial Magistrate, First Class, Mangalore insofar as same was against original accused nos. 1 to 8. The learned Sessions Court thus confirmed the order passed by the learned Judicial Magistrate, First Class, Mangalore insofar as accused no. 9 is concerned. ;