Karnataka High Court
Fellerton India Credit Company Limited vs Khadebazar Police Station on 16 July, 2026
-1-
HC-KAR NC: 2026:KHC-D:9861
CRL.P No. 102948 of 2022
CNR: KAHC020142182022
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 16TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO.102948 OF 2022
(482(Cr.PC)/528(BNSS))
BETWEEN:
FELLERTON INDIA CREDIT COMPANY LIMITED,
BRANCH OFFICE AT 1ST FLOOR,
SITA SMRITI, NO.1568/2,
MARUTI GALLI, BELAGAVI-590001,
REP. BY ITS SENIOR LEGAL MANAGER,
(GPA HOLDER)
SRI. RAM MOHAN P.B.
...PETITIONER
(BY SRI. AMIT DESHPANDE, ADVOCATE FOR
SRI. RAGHAVENDRA A.PUROHIT, ADVOCATE)
Digitally signed by
AND:
CHANDRASHEKAR
CHANDRASHEKAR LAXMAN
LAXMAN KATTIMANI
KATTIMANI
Date: 2026.07.20
14:53:36 +0530
1. THE STATE OF KARNATAKA,
KHADEBAZAR POLICE STATION,
R/BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF DHARWAD, DHARWAD.
2. ASHA SHIVAJI PATIL,
REPRESENTED AS PROPRIETOR
FOR DURGA ENGINEERING POLYMERS,
AGED ABOUT 62 YEARS,
R/OF PLOT NO.77,BHAIRAV,
4THCROSS, VIDYANAGAR, ANGOL,
BELAGAVI-590006.
-2-
HC-KAR NC: 2026:KHC-D:9861
CRL.P No. 102948 of 2022
CNR: KAHC020142182022
3. NITIN SHIVAJI PATIL,
REPRESENTING AS PROPRIETOR FOR
DURGA ENGINEERING POLYMERS,
AGED ABOUT 36 YEARS,
R/OF PLOT NO.77, BHAIRAV,
4TH CROSS, VIDYANAGAR, ANGOL,
BELAGAVI-590006.
...RESPONDENTS
(BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1;
SRI. PRASHANT F.GOUDAR, ADVOCATE FOR R2 AND R3)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.PC., PRAYING TO QUASH THE IMPUGNED ORDER DATED
21.06.2022 PASSED BY THE COURT JMFC III COURT,
BELAGAVI IN PCR NO.21/2022 AT ANNEXURE-A AND TO
CONSEQUENTLY TO QUASH THE FIR IN CRIME NO.46/2022
REGISTERED BY THE RESPONDENT NO.1 KHADEBAZAR POLICE
STATION PUNISHABLE UNDER SECTION 406, 408, 409, 419,
420, 465, 468, 471, 463 R/W 34 OF IPC VIDE ANNEXURE-B
AND ETC.,.
THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
-3-
HC-KAR NC: 2026:KHC-D:9861
CRL.P No. 102948 of 2022
CNR: KAHC020142182022
ORAL ORDER
Heard the learned counsel appearing for the petitioner
and learned High Court Government Pleader (HCGP) for
respondent No.1 and learned counsel for respondents No.2 and
3.
2. This petition is filed challenging order referring the
matter to the police for investigation for the alleged offences
under Sections 406, 408, 409, 419, 420, 465, 468, 471, 463
read with Section 34 of Indian Penal Code, 1860 (IPC).
3. The impugned order reads as under:
“Complainant by name Nithin S.Patil is present
and filed the private complaint U/sec.200 Cr.P.C.
against the respondents for the offence punishable
under Section 406, 408, 409, 419, 420, 463, 465, 468,
469, 471 r/w Sec. 34 of IPC.
Office to register as PCR and this register as
complainant refer to the concerned PS U/sec. 156(3) of
Cr.P.C. for investigation.
Call on 15.07.2022.”
-4-
HC-KAR NC: 2026:KHC-D:9861
CRL.P No. 102948 of 2022CNR: KAHC020142182022
4. Learned counsel for the petitioner would submit
that the complainant was a borrower and he defaulted in
repaying the loan amount advanced by the respondent No.1
and just to prevail upon the payment, a false complaint is filed
in P.C.R.No.21/2022 before JMFC, Belagavi.
5. In terms of the impugned order, the reference is
made to the police to investigate the matter without application
of mind.
6. Learned HCGP as well as learned counsel for
respondents No.2 and 3 would vehemently oppose the petition
and the impugned order urging that there is serious allegation
of forgery and falsification of records. The matter requires
investigation.
7. The Court has considered the contentions raised at
the Bar and perused the records.
8. Whenever a private complaint is filed and the
matter is referred to investigation, the Court has to apply its
mind before passing the order or investigating the matter.
-5-
HC-KAR NC: 2026:KHC-D:9861
CRL.P No. 102948 of 2022CNR: KAHC020142182022
9. On perusal of the impugned order, application of
mind is not forthcoming. Hence, for this reason, the impugned
order has to be set aside.
10. The matter is remitted to the Trial Court to consider
the contents of the complaint, the statements, if any, made,
the documents, if any produced before the Trial Court and
thereafter, the Trial Court shall apply as to the case is made
out for passing appropriate orders for referring the matter for
investigation and thereafter, the Court has to pass the order.
Hence, the following:
ORDER
i. The petition is allowed.
ii. Impugned order dated 21.06.2022 passed
in PCR No.21/2022 on the file of JMFC-III,
Belagavi is set aside.
iii. The matter is remitted to the Trial Court.
-6-
HC-KAR NC: 2026:KHC-D:9861
CRL.P No. 102948 of 2022
CNR: KAHC020142182022
iv. It is made clear that the Court has not
expressed anything on the merits of the
complaint.
v. All contentions are kept open.
SD/-
(ANANT RAMANATH HEGDE)
JUDGE
CLK
CT: UMD
List No.: 1 Sl No.: 54
