SRI. KRISHNAMURTHY C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned Senior counsel for petitioner, learned High Court Government Pleader for respondent No.1 and learned Senior counsel for respondent No.2.

(2.) The prayer sought in this petition is to set aside the order dtd. 15/11/2018 in taking cognizance against the petitioner, who is arraigned as accused No.3 for the offence punishable under Sec. 420 read with Sec. 34 of IPC and quash the entire proceedings in C.C.No.31011/2018, including the charge sheet.

(3.) The factual matrix of case of respondent No.2 is that while filing the private complaint invoked the offences under Ss. 420, 468 and 471 read with Sec. 34 of IPC. The allegations therein in a nutshell is that, originally Karnataka Housing Board ( 'KHB ' for short) in the year 1991 had allotted certain Civic Amenity site bearing No.14 to one Adarsh Educational and Social Service Trust® and had executed leasecum- sale agreement in its favour. Thereafter, after securing permission from KHB to mortgage, the said Trust had mortgaged the allotted site with Shri Lakshmi Mahila Sahakara Bank Niyamitha. For having committed default in repayment of the loan, the bank brought the property for auction without any intimation and permission from KHB and having adjusted the amount towards the due, made the balance payment in favour of KHB and requested to execute the sale deed in its favour for which the KHB had communicated lack of its knowledge of the auction and also questioned the rights of the bank to auction the property. The KHB refused to acknowledge the auction sale or purchase. Thereafter, upon receipt of sale consideration along with penalty, KHB executed sale deed in favour of the original allottee i.e., Adarsh Education and Social Service Trust® vide sale deed dtd. 17/2/2014. Hence, an allegation is made against this petitioner that he is responsible for executing the sale deed and alleged that he conspired with accused Nos.1 and 2 in executing the sale deed.