The Karnataka High Court has quashed a cheating case against a father and son accused of riding a motorcycle without a number plate, holding that the allegations did not attract the offence under Section 318(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).The provision penalises the offence of Cheating.A single-judge bench of Justice Anant Ramanath Hegde allowed the petition filed by...
The Karnataka High Court has quashed a cheating case against a father and son accused of riding a motorcycle without a number plate, holding that the allegations did not attract the offence under Section 318(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
The provision penalises the offence of Cheating.
A single-judge bench of Justice Anant Ramanath Hegde allowed the petition filed by Channakeshava V and his son Sharan C, and quashed the criminal proceedings registered by Kamakshipalya Police Station.
The petitioners' counsel argued that, even if the prosecution's allegation that they were riding a motorcycle without a number plate was accepted, it could at most constitute an offence under Section 177 of the Motor Vehicles Act, 1988. The provision prescribes a fine of ₹500 for a first offence and ₹1,500 for a second offence.
Opposing the plea, the prosecution submitted that Channakeshava had previously been fined twice for not wearing a helmet. It alleged that he had removed the number plate to evade another possible fine while riding without a helmet.
The Court held that the charge under Section 318(2) read with Section 318 of the BNS was not tenable.
However, it observed that Channakeshava appeared to have committed repeated offences under the Motor Vehicles Act and the Karnataka Motor Vehicles Rules for not wearing a helmet. The Court directed him to pay a fine of ₹1,500 under Section 177 of the Motor Vehicles Act and submit the receipt to the Registry within two weeks.
The petition was accordingly allowed in part.
Advocate NAVEEN GOWDA V for Petitioners.
HCGP NAGHARISH G S for Respondent.