BHARAT B KURBETTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners against whom order of process has been issued by the Judicial Magistrate First Class, Nippani, by the order dated 2-7-1998 in C. C. No. 1055 of 1998 have come up in this petition for setting aside the order as well as for quashing the entire proceedings against them.

(2.) THE brief facts giving rise to the petitioner are as follows: The respondent/complainant has filed a private complaint under Section 200 of the Code of Criminal Procedure before the learned Magistrate against the petitioners alleging commission of offences punishable under Sections 417 and 120 (B) read with Section 34 of the Indian Penal Code by the petitioners herein on the following grounds, viz. , (a) that the complainant and the accused who are permanent residents of Nipani and neighbouring villages and Accused 1 to 11 are the past and present Directors of a Bank called "nipani Urban Co-operative Bank Ltd. ," and Accused 12 is the Manager; (b) that the complainant and Accused 1 to 11 were the contesting candidates for the election of Board of Directors of the Bank for the years 1997-98 to 1999-2000 and the election was scheduled to be held on 29-6-1997 and the date fixed for withdrawal of candidature was 24-6-1997; (c) that after the expiry of the date of withdrawal of candidature, on 28-6- 1997 as the accused were convinced that the complainant will not withdraw his candidature and as a result of which it would be a tough election for the accused they induced and persuaded the complainant not to contest the election with the mediation of certain persons ; that the mediators represented to the accused that if the complainant does not contest the election. Accused 1 to 11 would deposit a sum of Rs. 40,000/- in the account of the complainant and relying on the promise the complainant did not contest and the accused were elected unopposed; and (e) that in spite of the fulfilment of the part of the agreement as promised by the complaint, the accused neither paid the money nor deposited the same in the Bank and in spite of repeated reminders including a legal notice, as they had failed to do so, they have committed the offence of cheating. On these allegations, the complainant sought the Court to initiate proceedings against the accused.

(3.) AFTER taking cognizance and recording the sworn statements of the complainant and one witness, the learned Magistrate by the impugned order held that there is prima facie material to issue process against the accused for the offences punishable under Sections 417 and 120 (b) read with Section 34, IPC. Hence, the present petition.